The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, January 3, 2000 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor
Tom Claybrook Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Dr. Tom Wilks, OBU
Professor and Minister of Youth University Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 11
b. Minutes of December 20, 1999 meeting
c. Transfer of Appropriations in General Fund
d. Acknowledge the following reports and minutes:
* Civic and Cultural Development Authority minutes of November 18, 1999 meeting
* Shawnee Urban Renewal Authority minutes of November 16, 1999
* Planning Commission minutes of December 1, 1999 meeting
e. Lakesite Lease Transfer:
Lot 17, Belcher Tract
From: John William Roy To: Joseph & Leta Rostochil
2118 N. Union 7512 NW 39th
Shawnee, OK 74801 Okla. City, OK 73008
f. Approve out-of-state travel for Detective Kurt Shirey to attend polygraph certification training in Indianapolis, Indiana from January 11 – 13, 2000
g. Approve Oklahoma Municipal Retirement Fund lump sum distribution to Jay G. Kinnamon
h. Authorize staff to advertise for bids for Reverse 911 System
i. Mayor’s Appointments:
SHAWNEE URBAN RENEWAL AUTHORITY
Appoint Ron Henderson to replace Buddy Henderson to a term to expire 2/02/03
CIVIC AND CULTURAL DEVELOPMENT AUTHORITY
Re-appoint Ken Fullbright to a term to expire 12/31/03
Before the Consent Agenda was considered, Commissioner Claybrook requested item (h) be pulled and discussed separately.
A motion was made by Commissioner Young, seconded by Commissioner Winrow, to approve Agenda Item No. 1 (a-i), less (h). Motion carried.
AYE: Young, Winrow, Roach, Downing, Claybrook, Gillham, Harden
NAY: None
Next, Police Chief Hand Land explained to the Commission that the Reverse 911 System was included in the police department computer upgrade that was budgeted at $190,000.
He stated that with the technical advances made to this segment of the system to-date, the Department was ready to purchase the system.
The operation of the system would allow the communication center to dial up to 3,000 names per hour in cases of emergencies such as locating a lost child or locating areas of water main breaks.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve staff to advertise for bids for the Reverse 911 system. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“Harold Pumford Day”
January 3, 2000
Mayor Harden announced that Mr. Pumford was retiring from the Oklahoma Municipal Assurance Group, after working for the insurance company for over 20 years.
AGENDA ITEM NO. 3: Public hearing and consider Annexation Service Plan and ordinance to annex property located in Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Additions. (Continued from 12/6/99 meeting)
Mayor Harden declared a public hearing in session to consider an Annexation Service Plan and ordinance to annex property located in Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Additions.
City Attorney John Canavan explained that the procedure of the public hearing was to consider two items which included that the Commission could make the decision to annex and it could adopt the Service Plan and set the date of implementation of the Plan.
Mayor Harden then called upon Community Development Director Michael Southard to outline the Service Plan.
He explained that the Plan identifies what services the City of Shawnee will provide to the area and establishes a time frame for providing each service. Many of the services will be provided immediately, but some will be phased in over a period of time allowing the property owners reasonable time to comply with City codes.
Mr. Southard gave an overview the areas of services that would be provided which included:
1) Community Development Department
2) Fire Department
3) Police Department
4) Public Works Department
5) Engineering Department
6) The annexation committee recommended modifications to the street costs as clarified:
The approximate cost for overlaying a 20-foot wide street with 2 inches of asphalt is $45,000 per lineal mile, which is based on a price of $35/ton.
Mayor Harden declared the public hearing open and asked if any persons wished to appear in favor of or in protest of said Service Plan and annexation. The following persons appeared.
Pro
Roger Hadley, 13 Del Rancho Lane
Neal Martin, 32 Pam Drive
Con
Lee Ann and Robert Stusnick, 1 Cedar Creek
Neal Martin, 36 Pam Drive
Sharon and Phil Brundage, 3 Cedar Creek
Merle Buss, 27 Bella Vista
Don Weir, Granada Estates
Beverly Hutcheson, 12 Tanglewood
After the public hearing was declared closed and the Commission was in discussion, some protestants appeared throughout the discussion to voice their concerns and plead to the Commission not to annex.
After due and careful consideration, Ordinance No. 1953NS was introduced and the title read aloud.
Ordinance No. 1953NS entitled “An ordinance annexing and incorporating within the city limits of the City of Shawnee, Oklahoma, certain territory and property adjoining the present city limits under certain zoning classifications; reciting the jurisdictional facts required by Title 11, Oklahoma Statutes; describing said property; setting implementation date for the Service Plan; repealing all ordinances and parts of ordinances in conflict herewith; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the Title and Sections 1-5, be approved. Motion carried.
AYE: Roach, Gillham, Harden, Winrow, Downing
NAY: Young, Claybrook
A motion was made by Vice Mayor Downing that Section 6, the emergency clause, be approved. The motion died for lack of a second.
The Commission then considered the implementation date for the Service Plan.
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the Service Plan be implemented on February 2, 2000. Motion carried.
AYE: Roach, Gillham, Harden, Winrow, Downing
NAY: Young, Claybrook
Thereupon Mayor Harden declared Ordinance No. 1953NS duly passed and adopted. (Effective 30 days from this date).
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 2230 N. Kickapoo from C-1; Neighborhood Commercial District to C-2P; Suburban Office District with Conditional Use Permit for educational and related use. (Applicant: Almon Henson for O.B.U.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 2230 North Kickapoo for educational and related use.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. Mr. Almon Henson, legal counsel for OBU, was present. No other persons appeared and Mayor Harden declared the public hearing closed.
Ordinance No. 1954NS was introduced and the title read aloud.
Ordinance No. 1954NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Oklahoma, to-wit: Lot One (1), Block Two (2), Sunset Park Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification C-1, Neighborhood Commercial District to C-2P, Suburban Office District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Title and Section 1, be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1954NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located in the 600 block of West MacArthur and North to 39th Street (West of Kickapoo) from A-1; Agricultural District, R-1; Single Family Residential District; R-3; Multi-Family Residential District to C-2P; Suburban Office District with Conditional use Permit for educational and related use. (Applicant: Almon Henson for O.B.U.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located in the 600 Block of West MacArthur and north to 39th Street (west of Kickapoo) for educational and related use.
It was noted that the Planning Commission and staff recommended approval of the application and there was one formal protest filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application.
Appearing in opposition to the rezoning was Mr. Phil Olson, 41 Timber Creek Drive. He voiced his concerns regarding future buildings being constructed close to his property and felt that his property value would decrease.
He also requested the Commission to delay its decision since he had checked with area property owners and they were in opposition. He stated that the notifications from the City’s Planning Department was done over the holidays and many people were not aware of the rezoning.
Next, Mr. Almon Henson, attorney, appeared on behalf of the applicant stating that the University had an opportunity to expand and had purchased the 100 acres for future use. It was his opinion that the University was a good neighbor and educational facilities would be more compatible to the area than other commercial facilities.
After the hearing was closed, Community Development Director Michael Southard gave the staff report.
He further explained the process of the notification to the property owners within 300 feet was done according to the guidelines.
Upon discussion, Commissioner Claybrook was empathic to Mr. Olson’s concerns and asked if a greenbelt area would improve the aesthetics between the properties.
In response, Mr. Johnny Cullison Assistant Vice President for OBU’s physical plant, stated that a greenbelt would be viable to some extent, but for OBU it would not be since the cost of real estate was extremely expensive.
He told the Commission and Mr. Olson that the setback would protect the neighborhoods and he assured them that OBU would not be detrimental to the neighborhood.
Once again Mr. Olson plead to the Commission by showing a map he had received from the Planning Department that appeared to be somewhat different than the Commission had in their agenda packets.
Thereupon, a motion was made by Commissioner Roach, seconded by Commissioner Gillham, to postpone action taken on the ordinance to rezone the OBU property to the next meeting of January 18, 2000. Motion carried.
AYE: Roach, Gillham, Young, Harden, Claybrook
NAY: Winrow, Downing
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 615 W. 10th from I-2; Light Industrial District to R-3P; Multi-Family Residential District with Conditional Use Permit for use as a residential care home. (Applicant: Joe Freeman for Project Safe)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 615 West 10th for use as a residential care home.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application.
Appearing for the applicant was Mr. Joe Freeman, Attorney for Project Safe, Inc., who advised that the rezoning was a temporarily relocation of the existing operation to this site. He advised that the house is used as a temporary shelter for people suffering from domestic abuse and violence.
Next, Mr. Don Aubert, 320 North Chapman, appeared before the Commission voicing his concerns about the type of clientele would be using the shelter.
Ms. Carla Goode, Executive Director of Project Safe, Inc., appeared and explained about the requirements and the strict guidelines that is governed by the Department of Human Services.
There being no others to appear, the public hearing was declared closed.
Ordinance No. 1955NS was introduced and the title read aloud.
Ordinance No. 1955NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Oklahoma, to-wit: Lot One (1), Block Nine (9), Fairgrounds Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification I-2, Light Industrial District to R-3P, Multi-Family Residential District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the Title and Section 1, be approved. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1955NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider application of David Bedwell for new taxi cab business license at 300 N. Harrison.
Mayor Harden declared a public hearing in session to consider an application of David Bedwell for a new taxi cab business license at 300 North Harrison.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application.
Appearing was Mr. Larth Kienzle, attorney for Mr. Bedwell, who informed the Commission that Mr. Bedwell had purchased the existing taxi service, the Yellow Cab Company, and he was requesting the Commission’s approval for a license to operate under the name of Executive Cab Company.
He stated that Mr. Bedwell had purchased five new cars and it was his intentions to upgrade the taxi service.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to approve the application of David Bedwell for a new taxi cab business license at 300 North Harrison. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 8: Consider a resolution approving an increase in basic taxicab rates within the City of Shawnee.
Continuing, Mr. Kienzle, attorney for Mr. David Bedwell, requested the Commission’s consideration to approve a rate increase of 20% per zone, with all other rates currently in effect to remain the same.
Mr. Kienzle stated that this request was due to the cost involved of upgrading the services of the taxi company and there had not been a rate increase for seven years.
Resolution No. 6058 was introduced and the title read aloud.
Resolution No. 6058 entitled “A resolution approving an increase in basic taxicab rates within the City of Shawnee, Oklahoma; and providing that all other rates and manner of computing fares presently in effect shall remain unchanged.”
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the Title and Resolution No. 6058 be approved. Motion carried.
AYE: Roach, Gillham, Young, Harden, Winrow, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Resolution No. 6058 duly passed and adopted.
AGENDA ITEM NO. 9: Presentation by Jolene Edwards of Rose Star International, Inc. on possible construction and location of amusement park.
Ms. Jolene Edwards of Rose Star International, Inc. appeared before the Commission to present the possibility of locating a $20 million amusement park in Shawnee.
She noted that the park would have twenty (20) major rides, a dinner theater with live entertainment six nights a week, and a winter wonderland open year round, and creating 500-1000 jobs for the area.
Ms. Edwards informed that her company was looking at a 166-acre site near Bryan and 45th Street and stated she would check into another site three miles north of I-40 on Kickapoo as mentioned by the Commission.
She mentioned that a similar amusement park was being constructed in Redding, California by the sole investor, Westlake Investment. But for the Shawnee park, the three investors were Rosenberry, Westlake, and Rose Star.
She requested the City’s approval before purchasing property and spending millions of dollars for the park.
After hearing the presentation, the Commission was receptive to the proposal and indicated that it would consider her rezoning application under regular procedures.
Concluding this item, Mayor Harden advised Ms. Edwards that the City of Shawnee had an Economic Development Foundation and suggested she visit with the Director about her proposed development.
AGENDA ITEM NO. 10: Consider upgrade of signal light at Kickapoo and University Street.
Public Works Director James Cole advised the Commission that staff had budgeted $5,000 to upgrade the signal heads at Kickapoo and University Street.
He informed that the upgrade would be the installation of 12-inch lights instead of the current 8-inch lights.
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, to approve the signal light upgrade at Kickapoo and University Street. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 11: Consider Bids.
The following bids were awarded.
a) One 2000 Motor Grader (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to reject all bids for the one 2000 motor grader and request to lease and open bids at the February 7, 2000 meeting. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
b) Workers Compensation Actuarial Study (award)
A motion was made by Commissioner Gillham, seconded by Commissioner Winrow, to accept Personnel Director Allen Benelli’s recommendation to award the workers compensation actuarial study bid to By The Numbers, Brentwood, Tennessee, in the amount of $1,500-$2,500.00 as the lowest and best bid. Motion carried.
AYE: Gillham, Winrow, Roach, Downing, Claybrook, Young, Harden
NAY: None
c) Rehab Concrete Streets (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to award the bid to rehab concrete streets to Winsett Concrete Construction, Shawnee, Oklahoma, in the amount of $294,990.00 as the lowest and best bid. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 12: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 14: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 15: Commissioners’ Comments.
There were no Commissioners’ Comments.
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (10:40 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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